Denver's Single-Use Items: The Rules That Matter

Every city handles single-use items a little differently. In Denver, Colorado, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Plastic Bag Rules

Colorado HB21-1162 banned single-use plastic carryout bags statewide effective January 2024. Stores must charge ten cents per recycled paper bag. Denver follows the state rule; small businesses with three or fewer locations are exempt.

Key details: State law: Colorado HB21-1162. Effective date: January 1 2024. Paper bag fee: Ten cents each. Small store exemption: Three or fewer locations.

Distributing banned plastic bags or failing to charge the ten-cent fee violates HB21-1162 with civil penalties of five hundred dollars for a second offense and one thousand dollars per subsequent offense by retail location.

Polystyrene Foam Rules

Colorado HB21-1162 also bans expanded polystyrene foam food containers at retail food establishments effective January 2024. Denver restaurants, food trucks, and grocery delis cannot use foam clamshells, cups, or trays for prepared food.

Key details: State law: Colorado HB21-1162. Effective date: January 1 2024. Covered items: Clamshells, cups, trays. Raw meat trays: Exempt at grocers.

Using prohibited EPS food containers at a Denver retail food establishment violates HB21-1162 with civil fines of five hundred dollars for a second offense and one thousand dollars per subsequent offense plus DDPHE compliance orders.

This is one of the stricter rules in Denver's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Plastic Straw Rules

Colorado HB21-1162 limits single-use plastic straws to customer request only at retail food establishments. Denver follows the state rule; servers may not automatically provide a plastic straw, and self-service straw stations are barred.

Key details: State law: Colorado HB21-1162. Effective date: January 1 2024. Default: Straws on request only. Disability access: ADA accommodation required.

Auto-distributing plastic straws or stirrers at a Denver food establishment violates HB21-1162 with civil fines of five hundred dollars for a second offense and one thousand dollars per subsequent offense, escalating with repeat infractions.

The Bottom Line

Denver's single-use items rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Denver is broadly strict or permissive.

This guide is based on Denver's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.